January 26, 2018 — Issues involving crabs, oysters and fish sometimes need to age a bit in Virginia’s General Assembly, even though the unusually large role in fisheries management it has assumed makes the questions seem familiar.

So, as the couple of dozen aging holders of crab scrape licenses struggle harder to make ends meet dragging softshell crabs from bay eelgrasses, Eastern Shore Del. Rob Bloxom’s notion of letting them keep any hard-shell crabs they haul from the bottom won a nod this week from the House Agriculture, Natural Resources and Chesapeake Bay Committee.

And, though nobody necessarily wants to admit it, the idea that those watermen, mainly based on Tangier Island, are getting older may have been a factor in why Bloxom let slide his first pass at the issue, which also would have allowed them to run bigger scrapes. You have to haul them up by hand, after all.

A newer notion about crabs — that the Virginia Institute of Marine Sciences has found a way to help them escape from abandoned pots — had less luck this week, though.

State Sen. Monty Mason, D-Williamsburg, has been talking enthusiastically for months about VIMS’ research on biodegradable panels for crab pots. The idea is to keep the thousands of ghost pots dotting the bottom of the bay from trapping so many crabs, which die there because they can’t escape.

“They’re basically competing with watermen,” Mason told his fellow senators. A few years back, a $4.2 million effort to scoop up the abandoned pots netted nearly 35,000, which trapped an estimated 3 million crabs a year, Mason said later.

“When one of those drop, it is harvesting and fishing till the end of time,” Mason said. The cost to watermen in terms of crabs not caught and crabs not reproducing amounts to millions of dollars a year.

But neither the watermen, who flooded senators with phone calls opposing the measure, nor most of the Senate itself were convinced.

At $1.50 a panel, times two, times installing them twice a year, times several hundred pots, Mason’s proposal to require two biodegradable panels on all crab pots by 2020 would pose a significant financial burden on watermen, said state Sen. Bill DeSteph, R-Virginia Beach.

State Sen. Lynwood Lewis, D-Accomack, said the first tests of the new panels were limited and produced only mixed results.

Mason said he’s going to keep trying to make the economic case. He’s already talked to Secretary of Natural Resources Matthew J. Strickler about reviving a ghost pot recovery effort, and plans to ask the Virginia Marine Resources Commission to push for more testing of the panels.

November 20, 2017 — East Coast fishery managers plan to increase the coastwide menhaden catch by 8 percent next year, while slashing the amount that can be harvested from the Chesapeake Bay.

But despite heavy pressure from environmental groups, the Atlantic States Marine Fisheries Commission balked at a proposal that would have required fishery managers to take into account the ecological role of the small, oily fish when setting future harvest levels.

By the end of their two-day meeting in mid-November, commissioners had succeeded in disappointing and pleasing environmentalists and industry officials alike — typically not at the same time — while setting up another big debate two years from now over how to account for the role menhaden play as a food source for other species.

In a statement after the meeting, Robert Ballou, of the Rhode Island Department of Environmental Management and chair of the ASMFC Menhaden Board, acknowledged that many people were left disappointed by the decisions that will guide harvests for the next two years. But he said the commission’s actions demonstrated a “commitment to manage the menhaden resource in a way that balances menhaden’s ecological role with the needs of its stakeholders.”

It was the latest round in a decades-long struggle over how to manage the catch of Atlantic menhaden, a fish almost never eaten by humans that is an important food for a host of marine species. By weight, menhaden make up the largest catch in both the Chesapeake and along the East Coast, but by nearly all accounts their abundance is increasing, especially in New England. In fact, the ASMFC’s science advisers indicated that the current coastal catch limit of 200,000 metric tons could be increased by more than 50 percent with little chance of overfishing the species.

But conservation groups have long argued that such assessments do not fully account for the importance of menhaden as a food source for marine mammals, many birds, and a host of other fish, such as striped bass.

It is part of a larger, long-running debate between conservation groups and the fishing industry over how to treat forage fish, which include menhaden, anchovies and other small species that provide a critical link in the aquatic food chain by converting plankton into nourishment for larger predators.

Historically, conservationists contend that forage species have received less attention — and protection from overfishing — than the larger predators, such as striped bass. Prior to the meeting near Baltimore, conservationists had gathered a record-setting 157,599 comments urging the ASMFC to adopt new harvest guidelines, or reference points, that would take the ecological role of the fish into account when setting catch limits. If adopted, the guidelines would almost certainly have required a reduction in the current coastwide menhaden catch.

But critics — which included ASMFC’s own scientific advisers, as well as the commercial menhaden industry — said the reference points under consideration were based on studies of other species in other places and may not be applicable to menhaden.

Ultimately, the commission — a panel of state fishery managers that regulates catches of migratory fish along the coast — voted 13–5 to delay the adoption of ecological reference points until a panel of scientists it has assembled can make its own ecological recommendations, tailored specifically to menhaden. Those recommendations are not expected to be ready until 2019.

Dozens of activists attended the meeting, many holding bright yellow signs that said, “Little Fish Big Deal,” “Keep it Forage” or “Conserve Menhaden.” Many were surprised not only to be defeated after the huge volume of comments — more than 99 percent in favor of ecological reference points — but also by the lopsided vote.

November 14, 2017 — An East Coast commission on Tuesday raised the quota for commercial catches of a small but important fish called menhaden. But the delegation from Virginia, the dominant player in the fishery, cast the lone vote against the change, contending that the state won’t get enough of the increase.

The Atlantic States Marine Fisheries Commission voted 14-1 on a plan for menhaden that includes raising the coastwide quota by 8 percent, from 200,000 metric tons this year to 216,000 tons in 2018 and 2019.

The increase for Virginia will be significantly smaller, less than 1 percent, with the state getting about 1,000 of the additional 16,000 tons per year. That’s because the commission agreed to reallocate the total catch so that all states, even those without a current menhaden fishery, get at least a 0.5 percent slice. Most fall short of that level now.

“We thought it was unfair to Virginia,” said John Bull, head of the Virginia Marine Resources Commission.

Amendment 3’s new Ecological Reference Points in Center of Controversy

WASHINGTON (Saving Seafood) — November 10, 2017 — By Marisa Torrieri:

As the Atlantic States Marine Fisheries Commission prepares to vote on highly-contested benchmarks for managing menhaden next week, uncertainties about the potential ripple effect of new ecological reference points (ERPs) are fueling heated exchanges between environmental groups and fisheries.

On November 13 and 14, the Commission is expected to meet to vote on Amendment 3, which will establish management benchmarks, and consider ecological reference points for menhaden, a bony and oily forage fish that is a primary food source for bigger fish such as striped bass and humpback whales and is harvested commercially for oil and fertilizer. The Commission also plans to review and potentially update state-by-state quota allocations.

Should the commission vote for “Option E” under Amendment 3 — an approach largely favored by environmental groups — the ASMFC would establish interim ecological reference points that would set a target of 75 percent and a threshold of 40 percent of a theoretical unfished stock. The ASMFC’s Biological Ecological Reference Points Workgroup would continue to develop Menhaden Specific ERP.

Fishermen whose livelihoods depend on the fish say the impact of this option would be catastrophic to their business.

Jeff Kaelin, head of government relations for Lund’s Fisheries, Inc., in Cape May, N.J., said New Jersey would lose a lot of jobs and money, in the event that interim ERPs took effect.

“With Option E, if we fish at the target that the environmental community is advocating, we’ll have a 25 percent cut in the fishery we have today, and that’s significant,” says Kaelin. “In 2013, when the quotas were established … we lost access to 50 percent of the fish. This is worth about $2 million to the state of New Jersey if we take a 25 percent cut. That’s what would happen, and there’s no need for it because the science is so robust.”

Yet environmental groups have countered that Option E, if selected, would not trigger draconian changes — it would simply put new goals in place that would benefit everyone, which could be phased in based on an organization’s own time table.

“The ERP is the goal, what you’re trying to achieve,” said Joseph Gordon, a senior manager for Pew Charitable Trusts, who directs campaigns to conserve forage fish. “Option E doesn’t tell you how fast to get there and how much risk to take. If the Commission decides to move forward Option E, they will be opting to have a very high population [of menhaden] in the ocean. When we talk about Option E, the goal of that is to achieve and maintain a high biomass of fish in the ocean. That should support significant amounts of fishing in the case of menhaden, over time as the population grows. The benefits to everyone, including commercial fisheries, is the goal of management.”

Chris Moore of the Chesapeake Bay Foundation also suggested Option E isn’t as bad as fisheries are making it out to be.

“Option E would say ‘OK, we now have a new target … fisheries would need to make changes to ensure they’re hitting that target,” says Moore. “But it’s not ‘we shall do this, we shall do that.’ If you look at the last stock assessment, the last quota showed we’re increasing. There’s a lot of leeway for the managers to get to the target.”

Omega Protein Corporation, the largest participant in the menhaden fishery, is based in Reedville, Va., a state that is currently allocated 85 percent of the catch. It says comments from environmentalists in support of Option E sugarcoat the potential economic impact of the ERPs.

Omega Protein is in favor of the more conservative Option B, which keeps ERPs at the existing status quo levels, until better mathematical models for menhaden are available.

“To say that the current reference points are inadequate, and we want to change them, and then say, ‘we won’t mandate that the harvest be cut when over the target,’ that’s ludicrous,” says Monty Deihl, Vice President of Operations for Omega Protein. “The environmentalist solution is looking for a problem, and there is no problem! We only take 8 percent of the biomass per year. The current model says you could harvest 300,000 metric tons per year without overfishing. With Option E, there’s a 25 percent cut in the harvest.”

Shaun Gehan, a Washington, D.C.-based attorney who represents Omega Protein, said that environmentalists promoting Option E as a “phased approach” — while the language within the Option calls for a clear cut in fishing activities — are hypocritical.

“The real issue is if one believes that menhaden should be at 75 percent un-fished levels and the target [fishing mortality] helps achieve that, then it is hypocritical to advocate for anything but a cut,” he says. “It seems there is a lot of folks that want to have their cake and eat it too. That is, being able to say, ‘ecological reference points’ are being used, while avoiding harvest reductions they entail because no one thinks cuts are warranted in light of menhaden’s abundance.”

THE ROAD TO AMENDMENT 3

One of the biggest arguments for clamping down on menhaden fishing, one which has resonated with the public, is that concerns about menhaden weren’t on anyone’s radar until recently, when reports warned that the supply was in danger.

According to Pew, people started to “wake up” to the menhaden issue after a coast-wide decline in menhaden in the 1990s through the early 2000s that attracted a lot of attention: This decline was noticed on the water up and down the coast by recreational fishermen. The effects of this decline on predator species, especially striped bass, were especially noticed, since striped bass is a prized recreational fish – and the reason the ASMFC was created in the first place.

“Striped bass had been recovering from depletion, and many were interested and invested in this recovery,” Gordon noted. “But anglers were seeing signs of starvation and disease in striped bass, and it didn’t take long to trace many of the problems to the absence of adequate prey (menhaden) for them. That’s what led to the first cap on menhaden fishing in the Chesapeake Bay, in 2005.”

In 2012, with support from the Lenfest Ocean Program, the Institute for Ocean Conservation Science at Stony Brook University convened the Lenfest Forage Fish Task Force, a panel of 13 marine and fisheries scientists from around the world, to offer science-based advice for the management of species known as forage fish, because of their crucial role in marine ecosystems. In their report, “Little Fish, Big Impact,” researchers concluded fisheries managers “need to pay more careful attention to the special vulnerabilities of forage fish and the cascading effects of forage fishing on predators.”

Since then, ASMFC staff, scientists, and advisors have been developing and reviewing a range of ecological models and management strategies. In 2012, the ASMFC voted in favor of Amendment 2, which set a new coast-wide catch limit. In May of 2015, the ASMFC began drafting Amendment 3 to the menhaden management plan, with the goal of establishing ecological management, and to review and possibly update state-by-state quota allocations.

“What’s amazing to watch over time, and I’ve worked on this for about a decade, is we’ve gone from a situation where we didn’t have any coast-wide limit at all to a question of when it’s going to happen,” says Gordon.

CONSIDERING SCIENCE

The outcome of the vote on Amendment 3 is expected to have a powerful impact on the future of menhaden, as well as recreational anglers, tourism, conservationists and larger fisheries. Yet with so much on the line, figuring out the right path isn’t so clear cut.

For one, scientists and researchers who study menhaden are at odds with each other, some saying we are at a critical juncture and must make drastic moves to manage and protect menhaden, and others dismissing such reports as hysteria.

In a Q&A with Pew Charitable Trusts, Ellen Pikitch, a marine biology professor and director of the Institute for Ocean Conservation Science at Stony Brook University, said the state of menhaden appears to be in decent shape if you examine the population in isolation.

“But when you look at it from an ecosystem perspective—whether there are enough to feed predators—menhaden are much less numerous than they ought to be,” she said. “On the East Coast, menhaden used to range from Nova Scotia to Florida, but we haven’t seen that kind of distribution for probably 50 years.”

Pikitch led a group of more than 100 scientists who commented on the proposed Amendment 3 ERPs, and is pushing for the implementation of Option E.

But at a hearing of the U.S. Senate Commerce Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard on October 24, fisheries scientist Dr. Ray Hilborn, a professor at the University of Washington’s School of Aquatic and Fishery Sciences, said there was “no empirical evidence to support the idea that the abundance of forage fish affects their predators.”

Dr. Hilborn’s comments came in response to questioning from Sen. Roger Wicker (R-MS) about whether fisheries managers should manage forage fish according to a “rule of thumb” approach, where fisheries are managed according to a set of broad ecological and management principals, or a “case-by-case” approach, where management is guided by more species-specific information.

Hilborn, who was part of a team of fisheries scientists that recently examined the effects fishing for forage fish species had on predator species, has expressed concern that the 2012 report from the Lenfest Forage Fish Task Force may have overestimated the strength of the predator-prey relationship.

John Bull, commissioner for Virginia Marine Resources Commission, believes the latter. And while he’s heard environmental groups are trying to make Option E seem more palatable by saying it will result in “phased implementation,” he does not support the establishment of interim ERPs because it “doesn’t make sense, scientifically.”

“The science shows from a benchmark stock assessment a couple years ago that the stock is healthy, robust, and reproduction is good,” said Bull. “And in fact, a 30 percent increase on menhaden could be enacted with a 0 percent chance of overfishing. What Virginia would like to see is an increase in the quota on the East Coast of 5, 6, 7 percent.”

Marisa Torrieri is a freelance writer who lives in Fairfield, Connecticut, with her husband and two young sons. She possesses a master’s degree in journalism from Northwestern University, and has written and edited for dozens of publications, including the Washington Post, the Baltimore Sun, and the Village Voice.

September 14, 2017 — The Atlantic coastal states of Maine through Florida have scheduled their hearings to gather public comment on Draft Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden.

August 17, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

September 20, 2017 — This press release modifies that of August 17. North Carolina’s September 19th hearing has been rescheduled to Thursday, September 21st at the same location and time. South Carolina and Georgia have also rescheduled their hearing dates to September 26th and 25th, respectively. Please note Georgia’s hearing will occur via webinar only. Please see below for the revised details of the three hearings.

The South Atlantic states of Virginia through Georgia have scheduled their hearings to gather public comment on Draft Interstate Fishery Management Plan (FMP) for Atlantic Migratory Group (AMG) Cobia. The details of those hearings follow.

The intent of the Draft FMP is to complement federal AMG cobia management actions and distribute catches among member states through a proposed allocation strategy. The Draft FMP was initiated in response to recent overages of the federal annual catch limit (ACL) for AMG Cobia. The Draft FMP addresses immediate management and conservation goals in anticipation of a new benchmark AMG cobia stock assessment in 2018. Management options include size, bag, and vessel limits to complement federal measures along with proposed de minimis options for Mid-Atlantic states (Maryland through New York) whose landings are minimal or episodic.

The most significant change may come in the form of state-specific recreational allocations. The current ACL for AMG cobia is 670,000 pounds (620,000 pound recreational ACL and a 50,000 pound commercial quota). Managing the recreational ACL on a coastwide basis has resulted in federal closures and significant overages in 2015 and 2016, disrupting fishing opportunities and jeopardizing the health of the stock. The Draft FMP contains a number of proposed options to allocate a recreational harvest limit (equal to the federal recreational ACL) to the four primary states (Georgia-Virginia) to allow those states more flexibility in developing seasonal options that best suit their specific state’s recreational and for-hire interests.

At this time, the options for the commercial AMG cobia fishery do not include state specific allocations and generally complement the proposed federal requirements. It is expected that the states from Georgia through Virginia will be conducting public hearings on the Draft FMP. The details of those hearings will be released in a subsequent press release.

The Draft FMP is available here or on the Commission’s website, www.asmfc.org, under Public Input. Fishermen and other interested groups are encouraged to provide input on the Draft FMP either by attending state public hearings or providing written comment. Public comment will be accepted until 5:00 PM (EST) on October 6, 2017 and should be forwarded to Louis Daniel, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at comments@asmfc.org (Subject line: Draft Cobia FMP). Final action on the Draft FMP is scheduled to occur in October 2017. For more information, please contact Louis Daniel, Fishery Management Plan Coordinator, at ldaniel@asmfc.org or 252.342.1478.

June 29, 2017 — Virginia crabbers will come up a bit short this fall after state fisheries managers opted Tuesday to close the season earlier than last year and scale back bushel limits to address an alarming drop in juvenile crab numbers in the Chesapeake Bay.

The Virginia Marine Resources Commission voted 6-1 in a public hearing to close the crab pot season on Nov. 30 and re-open it March 17 next year. This timeline aligns with a typical crabbing season, but will add up to 16 fewer crabbing days for watermen who’ve been working an extended season because of last year’s ideal stock numbers. Commissioners closed the season on Dec. 15 last year and opened it March 1 this year.

The commission also voted to reduce bushel limits for the entire month of November. Those reductions usually don’t begin until mid-November.

The move comes after a Blue Crab Advisory Report released Monday by the Chesapeake Bay Program showed that juvenile crab numbers had plummeted 54 percent over last year, dragging down the overall blue crab population by almost 18 percent, from 553 million to 455 million. That drop is despite surging numbers in spawning females.

Robert O’Reilly, chief of VMRC’s fisheries division, urged the commission to act to help the stock rebuild.

June 27, 2017 — A 54 percent drop in juvenile crab numbers over last year means Virginia watermen could soon see tighter harvest limits for the commercial fishery.

In a Blue Crab Advisory Report released Monday, the Chesapeake Bay Program is encouraging jurisdictions to take a “risk-averse” approach and consider scaling back the fall fishery so young crabs have a chance to grow and spawn next year.

The recommendation comes as the estimate for adult female crabs this year actually increased by 30 percent over last year, to 254 million. That’s higher than the target of 215 million considered a healthy female population.

But plummeting juvenile numbers dragged down the overall blue crab population by almost 18 percent, from 553 million last year to 455 million this year.

The Virginia Marine Resources Commission could make a decision on the matter as early as Tuesday afternoon at a public hearing at its offices in Newport News. VMRC manages all commercial fisheries for the state except for Atlantic menhaden, which is managed by the General Assembly.

March 20, 2017 — The Poquoson Kiwanis Boating and Fishing Flea Market will be from 8 a.m.- 1 p.m. on Saturday at Poquoson High School. It will be a great opportunity to stock up on fishing gear and fishing related arts and crafts, while helping raise money for a good cause.

Virginia cobia regulations will be set over the next two weeks. There will be two public meetings where anglers can voice their opinions prior to the final decision. Both will be held at the VMRC building, 2600 Washington Avenue, Newport News.

The first will be the Finfish Management Advisory Committee meeting at 6 p.m. on Monday, March 27. There will then be a public hearing after the noon hour at the March 28 Virginia Marine Resources Commission’s monthly meeting. Following public comments, the commission will establish the 2017 cobia regulations.

January 4, 2017 — BERLIN, Md. – The Maryland Department of Natural Resources, the Virginia Marine Resources Commission and the Delaware Department of Natural Resources and Environmental Control each have public hearings scheduled to gather public comment on a new proposal for summer flounder management by the Atlantic States Marine Fisheries Commission.

The ASMFC’s Draft Addendum XXVIII seeks alternative management approaches for a coast-wide 30% reduction in the recreational harvest of summer flounder in 2017. This comes after the ASMFC says a 2016 stock assessment estimated the flounder population as lower than previously expected and fishing mortality higher than it had been in recent years.

According to the the addendum, the commission is considering several different management options to meet reduction goals, including coast-wide size limit increases for flounder and more consistency among different states’ possession and size limits.

Delaware, Maryland and Virginia all make up one region within the ASMFC’s five region flounder management area up and down the Atlantic coast.